1. Scope
1.1. These general conditions are intended to regulate the Terms and Conditions of use of the Garrafeira Moderna Online Store, a sole trader with registered office at Rua Damião de Góis 17 2625-654 Vialonga, registered at the Commercial Registry Office under the unique registration number and NIF 273424475, (hereinafter, referred to as “Garrafeira Moderna”), as well as the purchase of products through the online store available therein.
1.2. The purchase of any product in the Garrafeira Moderna online store implies acceptance of these Terms and Conditions.
1.3. Any and all alcoholic beverages available for sale in the Garrafeira Moderna online store may only be purchased by people who are of legal age to do so in their country of residence.
1.4. Garrafeira Moderna reserves the right to change these Terms and Conditions without prior notice.
2. Information about Products, Contents, Prices
2.1. Garrafeira Moderna reserves the right to change, at any time and without prior notice, the information and commercial offer presented regarding products, prices, promotions, commercial conditions and services.
2.2. The illustrative images of each product presented in the Garrafeira Moderna online store may differ from the product subsequently delivered, particularly in reference to the harvest year of these products. All products are subject to stock shortages.
2.3. Some products may have an inaccurate price, which is why Garrafeira Moderna validates prices when processing orders.
2.4. The prices shown are merely indicative and do not constitute a contractual proposal. Any difference between the actual price of the product and the advertised price will be corrected as soon as it is detected. If the actual price is lower than the advertised price, Garrafeira Moderna will refund the difference. If the actual price is higher than the advertised price, the customer will be informed by email and may accept the decision or cancel the order, within a maximum period of 15 days after the sending of the aforementioned email.
2.5. Under Portuguese law, all prices shown include the respective VAT rates in force in Portugal, unless otherwise stated.
3. Stock Information
3.1. Despite Garrafeira Moderna's efforts, depending on the different stock counts between the online store and the showroom, there may be differences in the quantities presented online.
3.2. In the event of a stock shortage of any of the products ordered, Garrafeira Moderna will notify the customer via email, and the customer may choose to have the amount corresponding to the product in question refunded if the order includes other products, to cancel the order in full and have the amount refunded, or to choose another alternative agreed upon by both parties.
3.3. If the customer wishes to order a large number of bottles of the same reference, they must contact Garrafeira Moderna in advance by email (info@garrafeiramoderna.pt) or telephone before making the purchase, in order to confirm the existence of the desired quantity in stock.
4. Ordering and Payment
4.1. The status of orders placed in the Garrafeira Moderna online store are processed in 3 phases: Pending - Awaiting payment from the customer; In Process - payment has been received and the order is being prepared; Completed - The order has been shipped.
4.2. After confirming the order, an email will be sent to the contact address registered by the customer when formalizing the purchase, with all details about delivery, billing, payment information, products and quantities.
4.3. Garrafeira Moderna suggests that all customers confirm the details of their order before completing it. If the customer does not receive the order confirmation email, they should contact Garrafeira Moderna using the available contacts. so that this notification is sent again to your email address.
4.4. If any of the details provided by the customer in the order data are incorrect or the customer wishes to change any information, provided that the order has not yet been shipped, the customer is requested to contact us via email. as soon as possible so that the change requested by the customer can be made internally. Changes to the details of orders already shipped will have to be analyzed by the Garrafeira Moderna team so that, together with the customer, the most appropriate solution can be found. In certain cases, changes may be subject to additional fees that will be borne by the customer.
4.5. All orders will only be processed after payment has been effectively received. The formalization of the order in itself does not constitute a reservation of the products.
4.6. All orders placed have a maximum payment period of 48 hours. After this period, the order will be automatically cancelled.
4.7. Orders may be cancelled when expressly requested by the customer via email, before they are shipped.
4.8. Payments are received exclusively in Euros, regardless of the currency in which the transaction is made; conversion fees for payments made in other currencies must be borne by the customer.
4.9. Payments by Multibanco Reference, VISA, Mastercard or PayPal are accepted through the Garrafeira Moderna online store.
5. Shipping Costs
5.1. When placing an order, the respective shipping costs and any transport fees will be added, which vary depending on the value of the order, the size of the order, its weight and the destination country to which it is being sent, and the cost may vary within the country itself. Changes may also occur depending on variations in the costs of transport services.
5.2. The shipping costs and other applicable fees relating to the order are visible before the order is finalized. If the customer does not accept payment of these, the order must be cancelled.
5.3. There may be a total order value from which shipping costs are covered by Garrafeira Moderna, which may be subject to change. The customer is informed before finalizing the order.
5.4. Orders for bottles with a volume greater than 750 ml to any destination outside Portugal may be subject to changes in shipping costs, so you may be informed of any such change in costs before the order is sent to you. If the customer does not accept the shipping costs, the order will be cancelled and the amount paid by the customer will be refunded.
5.5. Shipping costs may change without prior notice.
6. Shipments and Deliveries
6.1. To send orders, the customer must choose the shipping country.
6.2. The transport service provided by Garrafeira Moderna is only available for the mainland regions that are members of the European Union. We do not deliver to islands, with the exception of the Autonomous Regions of Madeira and the Azores.
6.3. Order status tracking must be carried out via the link provided in the notification sent by email. If the customer does not receive the email, they must contact Garrafeira Moderna using the contact details provided so that a new notification can be sent.
6.4. Orders placed by Garrafeira Moderna are shipped by specialized carriers, with a variable delivery period, which generally averages 24 to 72 hours (working days) for mainland Portugal and mainland Spain, 3 to 5 working days for Azores and Madeira, 3 to 6 working days for countries such as Germany, Belgium, France, the Netherlands, Luxembourg, the Czech Republic, Denmark, Slovakia, Slovenia, Lithuania, Poland, Austria and Italy, and 4 to 9 working days for other countries in the European Union. However, it should be noted that possible delays in deliveries may be beyond the control of Garrafeira Moderna, and in such cases, it is not possible to guarantee exact delivery times.
Important: For deliveries to Ireland, it is not possible to place an order for more than 12 bottles per shipment. If you wish to purchase more than the quantity mentioned, you must place a new order with the missing quantities to make a new shipment.
6.5. Deliveries are made during business hours on working days, to the shipping address indicated by the customer.
6.6. If the order is not delivered within the time frame indicated above, the customer must contact Garrafeira Moderna in order to resolve the problem.
6.7. All products received by the customer must be checked in detail upon delivery. If the customer finds that the order is damaged, he/she must immediately return it to the carrier, justifying in detail the reason for the return on the carrier's delivery note. Additionally, the customer must immediately notify Garrafeira Moderna using the contact details provided, indicating the order number or the number of the document that accompanied the order and, if possible, attaching images of the packaging as it was received.
6.8. If the carrier fails to deliver the order due to the customer's absence, the carrier will normally contact the customer.
6.9. If the customer is unable to schedule a new delivery with the carrier and/or contact is not established with Garrafeira Moderna in order to find a solution, the order may be returned by the carrier. In order for a new shipment to be made, the customer will have to bear the costs of returning and reshipping the order.
6.10. Changing the delivery location for orders already shipped may be subject to additional fees, regardless of the destination country, which will have to be borne by the customer.
7. Applicable Law
7.1. Garrafeira Moderna recognizes all its customers the right to terminate contracts entered into with it, allowing them to return, within a period of 14 (fourteen) days, the products purchased under the terms of Decree-Law No. 143/2001 and Decree-Law 82/2008 of 20/05.
7.2. For exchanges or returns, the customer is requested to contact Garrafeira Moderna via email (info@garrafeiramoderna.pt) taking into account the conditions described below:
a) Orders, in order to be returned, must be in perfect condition, with all the elements listed on the label visible, accompanied by their original packaging, document or associated article, where applicable. They must also be accompanied by the respective invoice.
b) Incorrect products may be returned, with Garrafeira Moderna being responsible for shipping and collection costs whenever the customer reports this circumstance within 14 (fourteen) days from the date of receipt of the product.
c) Once the goods have been received at our facilities, the amount will be refunded in accordance with the payment method used by the customer, or another solution previously agreed with the customer.
7.3. Garrafeira Moderna will not accept the return of the product after it has been used, or if it has been altered or modified.
7.4. Garrafeira Moderna is not responsible for deficiencies resulting from incorrect use, negligence, poor storage conditions or force majeure.
8. Applicable Law
8.1. All purchases made in the Garrafeira Moderna online store are subject to Portuguese law. Any conflict or divergence in the interpretation of the General Online Sales Conditions will be submitted to the competent Portuguese Court.
8.2. If the Customer is located outside mainland Portugal, Garrafeira Moderna hereby informs that any legal proceedings must be exclusively instituted in the Portuguese Courts.
8.3. Under the terms and for the purposes of the provisions of art. 18 of Law no. 144/2015, of 8 September, it is hereby informed that the available RAL entity is the Lisbon Consumer Dispute Arbitration Centre, with the following contacts:
Address: Rua dos Douradores, nº 112 - 2º 1100 - 207 Lisbon
Telephone: (+351) 218 80 70 30 (Call to national landlines)
Telephone number for the Directorate-General for Consumer Affairs: (+351) 213 564 650 (Call to the national landline network)
Email: juridico@centroarbitragemlisboa.pt
Website: http://www.centroarbitragemlisboa.pt/